Cooke v. Cooke
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at May Term, 1913, of ALAMANCE. Civil, action for divorce. Tbe action was to obtain a divorce a vinculo, under section 1561, Revisal, subsection 5 of Pell’s Revisal, by reason of separation of busband and wife existent for ten successive years, etc. Tbe suit was originally instituted in Alamance County by summons dated in 1910, and served, returnable to November Term, 1910, of said court, and complaint tbereon was duly filed.
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Appeal by defendant from Peebles, J., at May Term, 1913, of ALAMANCE. Civil, action for divorce. Tbe action was to obtain a divorce a vinculo, under section 1561, Revisal, subsection 5 of Pell’s Revisal, by reason of separation of busband and wife existent for ten successive years, etc. Tbe suit was originally instituted in Alamance County by summons dated in 1910, and served, returnable to November Term, 1910, of said court, and complaint tbereon was duly filed. Pending sucb suit, tbe present defendant instituted ber action for a divorce from bed and board by reason of wrongful abandonment…
1Opinion of the Court
Hoke, J.,
after stating the case:. Subject to the constitutional restriction that “it may not grant a divorce nor secure alimony in any individual case” (Const., Art. II, sec. 10), the question of divorce is a matter exclusively of legislative cognizance, and in the exercise of its powers over the subject the General Assembly of 1907 (chapter 89) added a new cause for absolute di*275yoree, as follows: “If there shall have been a separation of husband and wife, and they shall have lived separate and apart for ten successive years, and they shall have resided in this State for that period, and no…
2Cases cited5 opinions
- Cole v. ColeWisconsin Supreme Court · 1871
- Ellett v. EllettSupreme Court of North Carolina · 1911
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- Evans v. EvansSupreme Court of Minnesota · 1890
- Thompson v. ThompsonWisconsin Supreme Court · 1881
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- Gleason v. GleasonNew York Court of Appeals · 1970
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
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